THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Declaration of Khuda Bakhsh Oriental Public Library as an institution of national importance. 
3.  Definitions. 

CHAPTER II 

THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD 

4.  Establishment and incorporation of Board. 
5.  Composition of Board. 
6.  Term of office and fresh nomination in certain cases. 
7.  Vacancies, etc., not to invalidate acts 
8.  Duty of Government nominating persons, etc. 
9.  Meetings of Board. 
10.  Temporary association of persons with Board for particular purposes. 
11.  Authentication of orders and other instruments of Board. 
12.  Staff of Board. 
13.  Transfer of service of existing employees to Board. 
14.  Location of library. 

CHAPTER III 

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD 

15.  Property and liabilities of Board. 
16.  Duties of Board. 
17.  Powers of Board. 

CHAPTER IV 

FINANCE, ACCOUNTS, AUDIT AND REPORTS 

18. Grants by Central Government to Board. 
19. Fund of Board. 
20. Budget. 
21. Accounts and audit. 
22. Returns and reports. 

CHAPTER V 

MISCELLANEOUS 

23. Power of Central Government to issue directions to Board. 
24. Delegation of powers and duties. 
25. Officers and employees of Board to be public servants. 
26. Protection of action taken under the Act. 
27. Power of Central Government to make rules. 
28. Power of Board to make regulations. 

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THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 

ACT NO. 43 OF 1969 

An  Act  to  declare  the  Khuda  Bakhsh  Oriental  Public  Library  at  Patna  to  be  an  institution  of 
national importance and to provide for its administration and certain other connected matters. 

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— 

[26th December, 1969.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Khuda Bakhsh Oriental Public 

Library Act, 1969. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2.  Declaration  of  Khuda  Bakhsh  Oriental  Public  Library  as  an  institution  of  national 
importance.—It is hereby declared that the Khuda Bakhsh Oriental Public Library at Patna in the State of 
Bihar is an institution of national importance. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Board” means the Board established under section 4;  

(b) “Chairman” means the Chairman of the Board; 

(c) “deed of trust” means the deed of trust No. 217 executed in the office of the Deputy Registrar 

of Patna by the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur on the 14th January, 1891; 

(d) “Fund” means the Fund referred to in section 19; 

(e)  “library”  means  the  Khuda  Bakhsh  Oriental  Public  Library  declared  to  be  an  institution  of 

national importance under this Act; 

(f) “member” means a member of the Board and includes the Chairman; 

(g) “prescribed” means prescribed by rules made under this Act; 

(h) “State Government” means the Government of Bihar. 

CHAPTER II 

THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD 

4.  Establishment  and  incorporation  of  Board.—(1)  With  effect  from  such  date  as  the  Central 
Government  may,  by  notification  in  the  Official  Gazette,  appoint,  there  shall  be  established  for  the 
purposes of this Act, a Board to be known as the Khuda Bakhsh Oriental Public Library Board.  

(2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a 
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property 
and contract, and may, by that name, sue and be sued. 

5. Composition of Board.—(1) The Board shall consist of the following persons, namely:— 

(a) the Governor of Bihar, ex officio, Chairman; 

(b) the Accountant General, Bihar, ex officio; 

(c) a person to be nominated by the Central Government, who shall be a member of the family of 

the late Maulvi Khuda Bakhsh Khan Bahadur of Muradpur; 

1.  21st  July,  1970,  vide  notification  No.  G.S.R.  1255(E),  dated  17th  July,  1970,  see  Gazette  of  India,  Extraordinary,  Part  II,             

sec. 3(i). 

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(d)  eight  persons,  four  each  to  be  nominated  by  the  Central  Government  and  the  State 
Government,  who  shall,  as  far  as  possible,  be  persons  having  knowledge  of,  and  experience  in, 
matters relating to the administration of libraries; 

(e) the Director, Khuda Bakhsh Oriental Public Library, ex officio Member-Secretary. 

(2)  Every  nomination  under  this  section  shall  take  effect  as  soon  as  it  is  notified  by  the  Central 

Government in the Official Gazette.  

6.  Term  of  office  and  fresh  nomination  in  certain  cases.—(1)  The  terms  of  office  of  nominated 

members shall be such as may be prescribed. 

(2)  Any  nominated  member  may  resign  his  office  by  giving  notice  in  writing  to  the  Central 
Government  and  to  the  State  Government,  and  on  such  resignation  being  notified  by  the  Central 
Government, in the Official Gazette shall be deemed to have vacated his office. 

(3) A casual vacancy created by the resignation of a nominated member under sub-section (2) or for 
any other reason may be filled by fresh nomination by the Central Government or the State Government, 
as the case may be, and a member so nominated shall hold office for the remaining period for which the 
member in whose place he is nominated would have held office.  

(4) An outgoing member shall be eligible for renomination. 

(5) If any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying 
out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, 
the Central Government or the State Government, as the case may be, may nominate another person to act 
in his place during his absence. 

7.  Vacancies, etc.,  not to invalidate  acts.—No  act  of  the  Board shall  be  invalid  merely  by  reason 

of—  

(a) any vacancy in, or defect in the constitution of, the Board, or 

(b) any defect in the nomination of a person acting as a member thereof, or 

(c) any irregularity in its procedure not affecting the merits of the case. 

8. Duty of Government nominating persons, etc.—(1) Before nominating a person to be a member 
of the Board, the Central Government or the State Government, as the case may be, shall satisfy itself that 
the person will have no such financial or other interest as is likely to affect prejudicially the exercise or 
performance by him of his functions as a member, and the Central Government or the State Government, 
as the case may be, shall also satisfy itself from time to time with respect to every member nominated by 
it  that  he  has  no  such  interest;  and  any  person  who  is  or  whom  the  Central  Government  or  the  State 
Government,  as  the  case  may  be,  proposes  to  nominate  and  who  has  consented  to  be,  a  member  shall, 
whenever  requested  by  the  Central  Government  or  the    State  Government  so  to  do,  furnish  to  it  such 
information  as  that  Government  considers  necessary  for  the  performance  by  it  of  its  duties  under  this   
sub-section. 

(2) A nominated member who is in any way, directly or indirectly, interested in a contract made or 
proposed to be made, by the Board shall, as soon as possible, after relevant circumstances have come to 
his  knowledge,  disclose the  nature  of  his interest  at a  meeting  of  the  Board  and  the  disclosure shall  be 
recorded in the minutes of the Board and the member shall not take any part after the disclosure in any 
deliberation or decision of the Board with respect to that contract. 

9. Meetings of Board.—(1) The Board shall meet at such times and places and shall, subject to the 
provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of 
business  at  its  meetings  (including  the  quorum  at  meetings)  as  may  be  provided  by  regulations  made 
under this Act. 

(2)  The  Chairman  or,  in  his  absence,  any  member  chosen  by  the  members  present  from  among 

themselves, shall preside at a meeting of the Board. 

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(3) If any nominated member, being an officer of Government, is unable to attend any meeting of the 

Board, he may, with the previous approval of the Chairman, authorise any person in writing to do so. 

(4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members 
present and voting and in the case of an equality of votes, the Chairman or, in his absence the member 
presiding, shall have a second or casting vote. 

10. Temporary association of persons with Board for particular purposes.—(1) The Board may 
associate with itself in such manner and for such purposes as may be provided by regulations made under 
this Act, any person whose assistance or advice it may desire in performing any of its functions under this 
Act. 

(2) A person associated with it by the Board under sub-section (1) for any purpose shall have the right 
to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section, 
be entitled to vote. 

11.  Authentication  of  orders  and  other  instruments  of  Board.—All  orders  and  decisions  of  the 
Board  shall  be  authenticated  by  the  signature  of  the  Chairman  or  any  other  member  authorised  by  the 
Board in this behalf, and all other instruments issued by the Board shall be authenticated by the signature 
of an officer of the Board authorised in like manner in this behalf. 

12. Staff of Board.—(1) Subject to the provisions of sub-section (2), the Board may, for the purpose 
of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other 
employees as it may think fit. 

(2) The recruitment and conditions of service of such officers and employees shall be such as may be 

provided by regulations made under this Act. 

13.  Transfer  of  service  of  existing  employees  to  Board.—Subject  to  the  provisions  of  this  Act, 
every person employed in the library immediately before the date of establishment of the Board shall, on 
and from such date, become an employee of the Board with such designation as the Board may determine 
and  shall  hold  his  office  or  service  therein by  the  same  tenure,  at  the  same  remuneration  and  upon  the 
same  terms  and  conditions  as  he  would  have  held  the  same  on  such  date  if  the  Board  had  not  been 
established and shall continue to do so unless and until his employment in the Board is terminated or until 
such tenure, remuneration and terms and conditions are duly altered by the Board: 

Provided that the tenure, remuneration and terms and conditions of service of any such person shall 

not be altered to his disadvantage without the previous approval of the Central Government. 

14. Location of library.—The library shall be located at Patna. 

CHAPTER III 

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD 

15. Property and liabilities of Board.—(1) On the establishment of the Board— 

(i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library 
constituted  by  the  deed  of  trust,  in  their  capacity  as  such,  shall  vest  in,  and  be  realisable  by;  the 
Board; and 

(ii) all liabilities in relation to the library which are enforceable against the said trustees, shall be 

enforceable only against the Board.  

(2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise 

transferred to the library or acquired by the Board, shall vest in the Board. 

16. Duties of Board.—(1) Subject to the provisions of the deed of trust, it shall be the general duty of 
the  Board  to  manage  the  library  and  to  plan,  promote,  organise  and  implement  programmes  for  the 
development  of  the  library  on  modern  scientific  lines  (including  the  microfilming  of  rare  manuscripts) 
and  to  perform  such  other  functions  as  the  Central  Government  may,  from  time  to  time,  assign  to  the 
Board. 

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(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  provision,  the  Board  may 

take such steps as it thinks fit— 

(a)  for  providing  for  instruction  and  research  in  matters  relating  to  libraries  and  for  the 

advancement of learning and dissemination of knowledge in such matters; and 

(b) to do all such other things as may be necessary for the discharge of its functions under this 

Act. 

17.  Powers  of  Board.—(1)  Subject  to  such  conditions  and  restrictions  as  the  Central  Government 
may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the 
purpose of carrying out its duties under this Act. 

(2) Subject to such regulations as may be made by the Board in this behalf, the Board may from time 
to time purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of 
the Board, be worthy of preservation in the library. 

CHAPTER IV 

FINANCE, ACCOUNTS, AUDIT AND REPORTS 

18. Grants by Central Government to Board.—For the purpose of enabling the Board to discharge 
its  functions  efficiently  under  this  Act,  the  Central  Government  may,  after  due  appropriation  made  by 
Parliament  by  law  in  this  behalf,  pay  to  the  Board  in  each  financial  year  such  sums  of  money  as  that 
Government considers necessary by way of grant, loan or otherwise. 

19. Fund of Board.—(1) The Board shall maintain a Fund to which shall be credited— 

(a) all moneys paid by the Central Government; 

(b) such sums of money as the State Government may pay annually having regard to its resolution 

No. V/L 4055/60E 120, dated the 26th September, 1962; 

(c) all fees and other charges levied under this Act; 

(d)  all  moneys  received  by  the  Board  by  way  of  grant,  gift,  donation,  benefaction,  bequest, 

subscription, contribution or transfer; 

(e) all other moneys received by the Board in any other manner or from any other source. 

(2) The Board may expend such sums as it thinks fit for performing its functions under this Act and 

such sums shall be treated as expenditure payable out of the Fund. 

(3) A sum of money not exceeding such amount as may be provided by regulations made under this 
Act may be kept in current account with any scheduled bank as defined in section 2 of the Reserve Bank 
of India Act, 1934 (2 of 1934), or any other bank approved by the Central Government in this behalf, but 
any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the 
Reserve Bank of India or invested in such manner as may be approved by the Central Government. 

20.  Budget.—(1)  The  Board  shall,  by  such  date  in  each  year  as  may  be  specified  by  the  Central 
Government,  submit  to  it  for  approval  a  budget  for  the  next  financial  year  in  the  form  specified  by  it, 
showing the estimated receipts and expenditure, and the sums which would be required from the Central 
Government during that financial year. 

(2) If any sum granted by the Central Government remains wholly or partly unspent in any financial 
year,  the  unspent  sum  may  be  carried  forward  to  the  next  financial  year  and  taken  into  account  in 
determining the sum to be provided by the Central Government for that year. 

(3)  Subject  to  the  provisions  of  sub-section  (4),  no  sum  shall  be  expended  by  or  on  behalf  of  the 
Board, unless the expenditure is covered by provision in the budget approved by the Central Government.  

(4) Subject to such conditions and restrictions as the Central Government may think fit to impose, the 
Board  may  sanction  any  reappropriation  from  one  head  of  expenditure  to  another  or  from  a  provision 
made for one purpose to that for another purpose. 

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21. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records 
and  prepare  an  annual  statement  of  accounts  including  the  balance-sheet  in  such  form  as  may  be 
specified, and in accordance with such general directions as may be issued by the Central Government in 
consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of 
India and any expenditure incurred by him in connection with such audit shall be payable by the Board to 
the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  person  appointed  by  him  in  connection 
with  the  audit  of  the  accounts  of  the  Board  shall  have  the  same  rights,  privileges  and  authority  in 
connection with such audit as the Comptroller and Auditor-General of India has in connection with the 
audit of Government accounts, and, in particular, shall have the right to demand the production of books, 
accounts, connected vouchers and other documents and papers and to inspect the office of the Board, and 
the library. 

(4) The accounts  of  the  Board as certified by  the  Comptroller and  Auditor-General  of  India  or  any 
other person appointed by him in this behalf, together with  the audit report thereon, shall be forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament. 

22. Returns and reports.—(1) The Board shall furnish to the Central Government at such time and 
in  such  form  and  in  such  manner  as  the  Central  Government  may  direct  such  returns,  statements  and 
particulars as the Central Government may, from time to time, require. 

(2) Without prejudice to the provisions of sub-section (1) the Board shall, as soon as possible after the 
commencement  of  each  financial  year,  submit  to  the  Central  Government  within  such  time  as  may  be 
specified by the Central Government a report giving true and full account of the activities of the Board 
during the previous financial year and an account of activities likely to be undertaken during the current 
financial year. 

CHAPTER V 

MISCELLANEOUS 

23.  Power  of  Central  Government  to  issue  directions  to  Board.—(1)  In  the  discharge  of  its 
functions under this Act, the Board shall be bound by such directions on questions of policy as the Central 
Government may give to it from time to time: 

Provided  that  the  Board  shall  be  given  an  opportunity  to  express  its  views  before  any  direction  is 

given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

24. Delegation of powers and duties.—The Board may, by general or special order in writing, direct 
that  all  or  any  of  the  powers  or  duties  which  may  be  exercised  or  discharged  by  it  shall,  in  such 
circumstances  and  under  such  conditions,  if  any,  as  may  be  specified  in  the  order,  be  exercised  or 
discharged also by any member, officer or employee of the Board specified in this behalf in the order. 

25.  Officers  and  employees  of  Board  to  be  public  servants.—All  officers  and  employees  of  the 
Board shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or 
regulation  made  thereunder,  be  deemed  to  be  public  servants  within  the  meaning  of  section  21  of  the 
Indian Penal Code (45 of 1860). 

26. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall 
lie  against the  Board  or  any  member,  officer  or  employee  of  the  Board for any  thing  which  is  in  good 
faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder. 

27.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules to give effect to the provisions of this Act: 

Provided that when the Board has been established, no such rules shall be made without consulting 

the Board. 

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(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  term  of  office  of,  and  the  manner  of  filling  casual  vacancies  among,  the  members 

nominated under clauses (c) and (d) of sub-section (1) of section 5; 

(b)  the  travelling  and  other  allowances  payable  to  a  member  other  than  the  Chairman  and  to  a 

person associated with the Board under section 10;  

(c)  the  disqualifications  for  membership  of  the  Board  and  the  procedure  to  be  followed  in 

removing a member who is or becomes subject to any disqualification; 

(d) the conditions subject to which, and the mode in which, contracts may be entered into by or 

on behalf of the Board; 

(e) any other matter which has to be or may be prescribed. 

(3) Every rule made under this section shall be laid as soon as may be after it is  made before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  1[or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid] both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

28. Power of Board to make regulations.—(1) The Board may, with the previous approval of the 
Central Government, by notification in the Official Gazette, make regulations not inconsistent with this 
Act and the rules made thereunder, for enabling it to discharge its functions under this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the conditions and restrictions subject to which manuscripts and books in the library may be 

used;  

(b) the manner in which, and the purposes for which, persons may be associated with the Board; 

(c)  the  time  and  place  of  meetings  of  the  Board,  the  procedure  to  be  followed  in  regard  to  the 
transaction of business at such meetings and the quorum necessary for the transaction of business at a 
meeting; 

(d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to 

the Central Government; 

(e) the recruitment and conditions of service of officers and other employees of the Board;  

(f) the persons by whom and the manner in which, payments, deposits and investments may be 

made on behalf of the Board;  

(g) the maximum amount that may be kept in the current account;  

(h) the maintenance of registers and accounts;  

(i) the compilation of catalogues and inventories of the manuscripts, books and other articles and 

things in the library;  

(j)  the  steps  to  be  taken  for  the  preservation  of  the  manuscripts,  books  and  other  articles  and 

things in the library;  

(k) the general management of the library;  

(l) the fees and other charges to be levied for the use of manuscripts and books in the library;  

1. Subs. by Act 51 of 1981, s. 2, for certain words (w.e.f. 24-12-1981). 

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(m) any other matter in respect of which provision is, in the opinion of the Board, necessary for 

the performance of its functions under this Act.  

(3)  The  Central  Government  may,  after  consultation  with  the  Board,  by  notification  in  the  Official 
Gazette, amend, vary or rescind any regulation which it has approved; and thereupon the regulation shall 
have  effect  accordingly,  but  without  prejudice  to  the  exercise  of  the  powers  of  the  Board  under                   
sub-sections (1) and (2).  

1[(4) Every regulation made under this section shall be laid, as soon as may be after it is made, before 
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised 
in one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in  the  regulation  or  both  Houses  agree  that  the  regulation  should  not  be  made,  the  regulation  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that regulation.] 

1. Ins. by Act 51 of 1981, s. 3 (w.e.f. 24-12-1981). 

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